THIS OPINION HAS NO PRECEDENTIAL VALUE.� IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Marcus Fashaw, Petitioner,

v.

State of South Carolina, Respondent.

Appeal From Chesterfield County
�B. Hicks Harwell, Jr., Circuit Court Judge

Memorandum Opinion No. 2008-MO-005
Submitted January 23, 2008 � Filed January 28, 2008���

DISMISSED AS IMPROVIDENTLY GRANTED

Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Karen Ratigan, all of Columbia, for Respondent.

PER CURIAM:� After careful consideration of the appendix and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., MOORE, WALLER, PLEICONES and BEATTY, JJ., concur.